Inadequate Consideration

64 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Schoenbaum v. Bradshaw D. Firstbrook
  405 F.2d 215· 2d Cir.· 1968-12-30 ·cited 161×
  The dissent argues that the plaintiff failed to establish a case under Rule 10(b)5, even assuming knowledge of the oil discovery at the time of the contract. The dissent believes the majority's interpretation of securities law is too broad.
• Douglas v. Ogle
  80 Fla. 42· Fla.· 1920-06-12 ·cited 135×
  In this equity case, the Florida Supreme Court upheld the lower court's decision to void a mortgage satisfaction and foreclose the mortgage. The court held that constructive fraud was adequately alleged and proved based on the combination of inadequate consideration (no payment f
• The Fla. Nat'l Bank of Gainesville v. Sherouse
  80 Fla. 405· Fla.· 1920-06-24 ·cited 117×
  The Florida Supreme Court reversed a lower court decree that permanently enjoined the sale of real property to satisfy a judgment creditor's claim. The Court found that the evidence clearly showed the property transfers were fraudulent conveyances designed to place assets beyond
• Seaboard Air Line R. Co. v. Timmons
  61 So. 2d 426· Fla.· 1952-11-14 ·cited 88×
  The Florida Supreme Court reviewed an order compelling a railroad company to produce documents related to an employee's personal injury claim. The court held that the employee failed to show sufficient cause to overcome the work-product privilege and attorney-client privilege for
• Hull v. Burr
  58 Fla. 432· Fla.· 1909-06-01 ·cited 74×
  The Florida Supreme Court affirmed the lower court's decision overruling demurrers to a bill in equity filed by a bankruptcy trustee against Joseph Hull. The court held that a deed and contemporaneous agreement whereby Hull took legal title to property while the bankrupt corporat
• Cary & Co. v. Hyer
  91 Fla. 322· Fla.· 1926-02-24 ·cited 68×
  Cary & Company sought to replevy an automobile from J. Whiting Hyer, claiming title and right to possession based on a written conditional sales contract with T. H. Lacey. The central issue was whether the transaction between Cary & Company and Lacey was a true conditional sale o
• Iglehart v. Phillips
  383 So. 2d 610· Fla.· 1980-03-13 ·cited 64×
  The Florida Supreme Court answered certified questions from the Fifth Circuit regarding whether a repurchase option in a deed violates the rule against perpetuities or restraints on alienation, and whether the deed should be rescinded. The court held that an unlimited-duration fi
• Wilson v. Clark
  414 So. 2d 526· Fla. 1st DCA· 1982-04-01 ·cited 58×
  Ray Wilson appealed the denial of his motion to dismiss a complaint for lease cancellation and rescission filed by Effie Steele. The case was tried and judgment entered in Steele's favor, but she died before the personal representative could be substituted within the 90-day deadl
• Wieczoreck v. H & H Builders, Inc.
  450 So. 2d 867· Fla. 5th DCA· 1984-05-03 ·cited 51×
  In this supplementary proceeding, the court affirmed a judgment finding that a property conveyance from Nelson L. Davis to Theodore Wieczoreck constituted a fraudulent transfer designed to defraud Davis's creditors. The court resolved a split in Florida authority by holding that
• Sonny Jack Harrell v. Branson
  344 So. 2d 604· Fla. 1st DCA· 1977-04-06 ·cited 47×
  Branson sought rescission of a warranty deed conveying property to Harrell and Harrell's unmarried partner (Branson's niece) based on fraudulent misrepresentation that they were married. The court affirmed rescission, holding that Harrell was liable for the fraudulent concealment
• Chase Fed. Sav. & Loan Ass'n v. Schreiber
  479 So. 2d 90· Fla.· 1985-08-30 ·cited 40×
  The Florida Supreme Court held that a deed is valid and effectively transfers legal title regardless of whether the grantor received valuable consideration, overruling the district court's decision that a deed given for "love and affection" to an unrelated grantee is void. The co
• Rossiter v. Vogel
  134 F.2d 908· 2d Cir.· 1943-04-13 ·cited 40×
  The court held that the lower court erred in granting summary judgment because issues of fraud and inadequate consideration in the 1926 assignment of a copyright renewal expectancy raise triable questions of fact.
• City of Sanford v. Augustus T. Ashton
  131 Fla. 759· Fla.· 1938-03-10 ·cited 36×
  The City of Sanford sought to set aside a sheriff's sale of the Mayfair Hotel property sold to Ashton for $1,000, claiming the price was grossly inadequate compared to the property's value of approximately $100,000. The Florida Supreme Court affirmed the dismissal of the complain
• Masterson v. Pergament
  203 F.2d 315· 6th Cir.· 1953-03-23 ·cited 30×
  The court held that the District Court erred in approving the settlement due to concealment, fraud, and inadequate consideration, and that the settlement should be set aside.
• Fay Stokes Stovall v. Stokes
  94 Fla. 717· Fla.· 1927-10-21 ·cited 28×
  In this Florida equity case, a mother conveyed her home to her son via a deed that the trial court treated as an absolute conveyance, but the appellate court held the deed was a mortgage securing a loan and future advances. The court reversed and remanded for proper accounting of
• James v. DuBREUIL
  500 F.2d 155· 5th Cir.· 1974-09-12 ·cited 27×
  The court held that the district court properly applied the defenses of unclean hands and in pari delicto to bar the plaintiff's suit, affirming the dismissal.
• Windham v. Windham
  152 Fla. 362· Fla.· 1943-02-05 ·cited 24×
  R. S. Windham sought to rescind a deed conveying his interest in marital property to his ex-wife Helen Windham for $500, claiming inadequate consideration, mental incompetence, and fraudulent misrepresentation regarding a mortgage and potential deficiency judgment. The Florida Su
• Shipp Corp., Inc. v. Charpilloz
  414 So. 2d 1122· Fla. 2d DCA· 1982-06-04 ·cited 22×
  A junior mortgagee's equity of redemption is extinguished upon entry of final judgment in a senior mortgagee's foreclosure action, and mere inadequacy of price is insufficient to set aside a judicial sale absent gross inadequacy coupled with fraud or irregularity.
• S. Realty & Utils. Corp. v. Belmont Mortg. Corp.
  186 So. 2d 24· Fla.· 1966-04-20 ·cited 20×
  Southern Realty challenged a foreclosure sale of mortgaged property where the mortgagee (Belmont) purchased the property for $50,000 despite an appraisal showing fair market value of $321,150. The Florida Supreme Court held that a chancellor has broader discretion to refuse confi
• Godshall v. Hessen
  227 So. 2d 506· Fla. 3d DCA· 1969-10-28 ·cited 19×
  A judgment creditor sued trustees of a dissolved corporation to recover assets distributed to them after the corporation sold its motel property. The trial court struck the defendants' answer when they refused to travel out of state for depositions, but the appellate court affirm
• Fla. Power & Light Co. v. Horn
  100 Fla. 1339· Fla.· 1930-11-24 ·cited 19×
  A widow sued Florida Power & Light Company for the wrongful death of her husband, who died while working for the company in a hazardous occupation. The company sought to rely on a release the widow signed the day after her husband's death, but the court upheld the jury's verdict
• Barrow v. William Bailey de bonis non of John Bellamy
  5 Fla. 9· Fla.· 1853-01-01 ·cited 19×
  A conveyance of all a debtor's property for a price substantially below fair market value, made by a debtor in financial distress to a relative with knowledge of the debtor's inability to pay existing creditors, constitutes constructive fraud against creditors even without proof
• Deal v. Migoski
  122 So. 2d 415· Fla. 3d DCA· 1960-07-14 ·cited 15×
  An attorney purchased his client's entire interest in an estate for $2,500 while employed to settle the estate, when the interest was worth $7,200–$8,500. The client sought rescission on grounds of unconscionability and fraud. The court reversed the lower court's judgment and rem
• Hartnett v. Lotauro
  82 So. 2d 362· Fla.· 1955-09-16 ·cited 13×
  In this equity case, the Florida Supreme Court reversed a chancellor's decision that had confirmed a sale of homestead property, holding that mental incompetency of the seller—established through medical evidence of Korsakoff's Psychosis and corroborated by the improvidence of th
• Loye C. Bryant v. Bryant
  379 So. 2d 382· Fla. 1st DCA· 1979-12-27 ·cited 12×
  Appellants challenged a warranty deed executed by their father, J. Buford Bryant, to his son Johnny for 318 acres valued at $145,150 but conveyed for only $79,500. The court reversed the trial court's judgment quieting title in Johnny Bryant, finding that the combination of inade
• Kelly v. Shamrock OIL & GAS Corp.
  171 F.2d 909· 5th Cir.· 1948-12-07 ·cited 12×
  The court held that the evidence presented a jury issue regarding whether the agent was secretly employed by both parties, and the jury's verdict for the defendant was supported by sufficient evidence.
• Sharrow v. City of Dania
  131 Fla. 641· Fla.· 1938-03-04 ·cited 12×
  Taxpayers of the Cities of Hollywood and Dania challenged the sale of municipal tax certificates by the City of Hollywood to A. V. B. Bailey at 75% of par value during the statutory redemption period. The Florida Supreme Court affirmed dismissal of the complaint, holding that whi
• Ginsberg v. Keehn
  550 So. 2d 1145· Fla. 3d DCA· 1989-08-29 ·cited 11×
  In a consolidated appeal regarding attorney's fees in a shareholder derivative action, the Florida District Court of Appeal affirmed the trial court's award of $35,000 in fees to derivative counsel while denying fees to individual counsel, and affirmed the charging lien priority,
• Curtis v. Nat R. Briscoe
  129 So. 2d 450· Fla. 2d DCA· 1961-05-03 ·cited 10×
  Stockholders in Curtis Pools, Inc. appealed the dismissal of their complaint seeking rescission of stock certificates issued to other parties. The court affirmed the dismissal, finding the complaint failed to adequately plead the equitable grounds for rescission, particularly reg
• Atl. First Nat'l Bank of Daytona Beach v. Cripe
  389 So. 2d 224· Fla. 5th DCA· 1980-09-17 ·cited 8×
  Atlantic First National Bank, as personal representative of the estate of Carrie B. Hare, appealed a judgment allowing the Cripes to retain approximately $55,000 in assets they obtained from the elderly Mrs. Hare. The court reversed, finding that a presumption of undue influence
• Cundick v. Broadbent
  383 F.2d 157· 10th Cir.· 1967-09-14 ·cited 8×
  The court should reverse the trial court's decision because the evidence does not support the finding of mental competency and the transaction involved gross inadequacy of consideration.
• Malt v. Deese
  399 So. 2d 41· Fla. 4th DCA· 1981-05-20 ·cited 6×
  The Malts (lessors/sellers) appealed a judgment granting specific performance and attorney's fees to the Deeses (lessees/buyers) for a property sale contingent on royalty payments from a patent licensing agreement. The court affirmed, finding the Malts ratified the agreement by a
• Seaboard AIR Line R.R. Co. v. Gill
  227 F.2d 64· 4th Cir.· 1955-11-07 ·cited 6×
  The court held that the jury's finding of fraud or undue influence in procuring releases was supported by evidence, but reversed the credit given to the defendant for payments made at the time of release execution.
• Baker & Holmes Co. v. Cora Lee Gibson
  102 Fla. 891· Fla.· 1931-08-10 ·cited 6×
  Baker & Holmes Company obtained a judgment against W. B. Gibson on promissory notes and levied on lands. Gibson's wife, Cora Lee Gibson, sought to enjoin the sale, claiming the lands as her separate property via deeds executed in November 1926 but not recorded until September 192
• In re Saphire
  139 F.2d 34· 2d Cir.· 1943-11-02 ·cited 5×
  The court held that the evidence was sufficient to support the referee's findings that the bankrupt concealed property with intent to defraud creditors.
• Voest-Alpine Trading USA Corp. v. Vantage Steel Corp.
  919 F.2d 206· 3d Cir.· 1990-11-13 ·cited 4×
  The court held that the constructive trust imposed on the Stablers' interest in Vantage stock was an improper remedy for unsecured creditors of Paige, as it did not place them in the same position as before the fraudulent conveyance.
• Nissim Hadjes, Inc. v. Hasner
  408 So. 2d 819· Fla. 3d DCA· 1982-01-19 ·cited 4×
  A cause of action for fraudulent conveyance lies when an insolvent judgment debtor, for inadequate consideration and with the knowledge of the recipient, satisfies a judgment for less than its full amount to defraud creditors.
• Joseph v. Eastman
  344 F.2d 9· 3d Cir.· 1965-04-15 ·cited 4×
  The court held that the deed was properly annulled because the grantor was mentally incompetent and the grantee exerted undue influence, which was presumed due to the grantor's infirmity and lack of consideration.
• Helena E. Leonard v. Howarth
  153 So. 2d 743· Fla. 2d DCA· 1963-05-24 ·cited 4×
  Seventy-seven-year-old Helen Leonard sought to rescind a deed whereby she conveyed real property to Helen Howarth in exchange for $5,000 payable over time and the right to remain on the property for life. The Florida appellate court affirmed the trial court's dismissal, holding t
• Walters v. Joseph Atwater et ux.
  135 So. 2d 428· Fla. 2d DCA· 1961-12-13 ·cited 4×
  This case involves a dispute over a contract to convey land, where the defendants claimed incompetency and inadequate consideration. The appellate court affirmed the lower court's decision in favor of the plaintiffs, finding no grounds to reverse.
• Abshier v. Etter
  102 So. 2d 853· Fla. 1st DCA· 1958-05-20 ·cited 4×
  The court affirmed a lower court decree that partially rescinded deeds and a contract for deed executed by an incompetent ward to defendants, finding sufficient evidence of incompetency and constructive fraud. For a shopping center property, the court upheld an equitable accounti
• Crusaw v. Crusaw
  637 So. 2d 949· Fla. 1st DCA· 1994-06-01 ·cited 3×
  In this homestead property dispute, the trial court set aside a 1953 deed transferring property from parents to their son, finding the property was homestead in nature and conveyed without adequate consideration despite the deed reciting $800 as consideration. The appellate court
• Fed. Sav. & Loan Ins. v. Kralj
  968 F.2d 500· 5th Cir.· 1992-08-17 ·cited 2×
  Statements in pleadings and interrogatories do not constitute a usurious demand for interest, and a promissory note with a savings clause is not usurious on its face, even if it contains a provision for calculating interest on a 360-day year.
• Stewart v. Commissioner OF Internal Revenue
  841 F.2d 118· 5th Cir.· 1988-03-31 ·cited 2×
  The Tax Court erred by focusing on the validity of the leasehold interests rather than their valuation for charitable deduction purposes. The court should have considered the value of the donation, even if the lease was potentially challengeable.
• Gauthier v. Cont'l Diving Servs., Inc.
  831 F.2d 559· 5th Cir.· 1987-11-10 ·cited 2×
  The court held that the Rooker-Feldman doctrine did not bar the federal action and that the jury's verdict annulling the seaman's settlement was supported by evidence of a broken promise of continued employment.
• Gracey v. Lawrence
  442 So. 2d 305· Fla. 5th DCA· 1983-12-01 ·cited 2×
  A Florida appeals court reversed a trial court's rescission of a deed where an 81-year-old grantor conveyed property to a tenant for $15,000 plus a retained life estate. The appellate court held that mental weakness alone, without evidence of incapacity to comprehend the transact
• Inez L. Snyder v. Limbeck
  108 So. 2d 783· Fla. 3d DCA· 1959-01-27 ·cited 2×
  Inez L. Snyder appeals from a decree setting aside a deed transferring an elderly widower's home to her, executed three weeks before his death. The trial court found the conveyance was procured through undue influence and fraud, taking advantage of the grantor's weakened mental c
• City of Cuero v. Tupper-Texas, Inc.
  226 F.2d 121· 5th Cir.· 1955-09-16 ·cited 2×
  The court held that the City of Cuero was estopped from challenging the validity of the deed to Tupper-Texas, Inc. because the transaction was approved by voters, the City received substantial consideration, and there was no fraud or violation of constitutional prohibitions again
• Travelers' Ins. Co. v. Mabry
  179 F.2d 216· 5th Cir.· 1950-01-19 ·cited 2×
  The court held that innocent misrepresentation of a material fact, relied upon by an ignorant employee, is sufficient to set aside a compromise settlement agreement in a workers' compensation case.
• Boynton v. Burrows
  167 F.2d 759· D.C. Cir.· 1948-04-26 ·cited 2×
  A conveyance can be set aside if the grantor has great weakness of mind and the consideration is grossly inadequate.